T.O.S (Terms of Service)

Revised: September 9th 2009.

The use of services from LVPSHosting constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is valid and not related to the domain(s) you are signing up under for services. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it
may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2.) Content
All services provided by LVPSHosting may only be used for lawful purposes. The laws of the States of PA, Dallas and Seattle as well as the United States of America apply.

The customer agrees to indemnify and hold harmless LVPSHosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@lvpshosting.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller, VPS and Dedicated plans include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, imagedumps (similar to photobucket), filedumps, RapidLeech (similar to rapidshare), or banner-ad services such as commercial banner ad
rotation, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.

Examples of unacceptable material on all virtual and Dedicated servers include: Pirated Software / Warez, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.

Examples of Acceptable material on Virtual and Dedicated Servers:
Any and all legal material is allowed on our virtual servers. (eg: Proxy Scripts / Anonymizers, Image Hosting sites, sites with pornographic material, and muds / rpg's etc). However spamming will not be tolerated. We reserve the right to refuse service to anyone. Failure to respond to email from our abuse department within a reasonable amount of time to lidigate any potiental situations may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response in a timely fashion. If in doubt regarding the acceptability of your site or service, please contact us at abuse@lvpshosting.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child
pornography (Lolita):

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set
permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will not be treated as spam. Any user who sends out spam will have their account
terminated with or without notice.

LVPSHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established terms of service, or to make any such modifications in an emergency such as a DDoS attack or server resource abuse at its sole discretion. LVPSHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of LVPSHosting and will reflect the fees incurred to recover the IP's from mailing blacklists and any other costs incurred by such activity.

4.) Payment Information
You agree to supply appropriate payment for the services received from LVPSHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify LVPSHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided in the client portal. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform
you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of LVPSHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. LVPSHosting provides a 7 day grace period from the time the
invoice is due and when it must be paid, except on dedicated server lines. Any invoice that is overdue for 7 days and not paid will result in an account suspension until account balance has been paid in full. Any account that is overdue for 14 days and has not paid will be automatically terminated.

5.) Backups and Data Loss
Your use of the service is at your sole risk. LVPSHosting will back up your account once a week, but still,we are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on LVPSHosting servers. While LVPSHosting does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.

6.) Cancellations and Refunds
Cancellations must be submitted via a sales ticket by the account in which the service was purchased from or our Billing and Support system by sending and email to billing@lvpshosting.com. Virtual and Dedicated server cancellations must be submitted at least 48 hours prior to your renewal date. LVPSHosting reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at LVPSHosting discretion.

There are no refunds for domain registrations for any reason other than being unable to supply you with the product purchased. This includes requesting a cancellation during the server setup period, the server
will be cancelled at the end of the billing cycle.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via the cancellation form in your client portal or by sending an email to billing@lvpshosting.com. LVPSHosting gives you an unconditional 30 day money back guarantee on shared hosting, and VPS solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

If you do not paid your invoice on time your virtual server will be deleted 14 days after the due date of your unpaid invoice.

Dedicated servers will be deleted 24 hours after the due date of your unpaid invoice if we do not get any notitification from you.

Violations of the Terms of Service will waive the refund policy.

7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes without prior written approval.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. You will be billed for bandwidth usage beyond your allocated aboumt at the rate of $0.50 per gigabyte. Unused transfer in one month cannot be carried over to the next month.

9.) Money Back Guarantie
On dedicated servers, colocation, and design services no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of LVPSHosting managed, shared, and VPS servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount.

10.) Uptime Guarantee
If your shared / VPS server has a physical downtime that is not within the 99.9% uptime you may receive credit to your account. Approval of the credit is at the discretion of LVPSHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@lvpshosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared, and
semi-dedicated solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on lvpshosting.com, and the right to increase the amount of resources given to plans at any time.

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold LVPSHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against
LVPSHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LVPSHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in
connection with LVPSHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to
customers from LVPSHosting server.

12b.) Limited Liability
Under no circumstances, including negligence, shall LVPSHosting, its offices, agents or any one else involved in creating, producing or distributing LVPSHosting services be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or inability to use the LVPSHosting services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to LVPSHosting records, programs or
services. Customer hereby acknowledges that this paragraph shall apply to all content on LVPSHosting servers.

12c.) Arbitration
By using any LVPSHosting services, you agree to binding arbitration. If any disputes or claims arise against LVPSHosting or its subsidiaries, such disputes will be handled by an arbitrator of LVPSHosting choice.
All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
LVPSHosting shall not be responsible for any damages your business may suffer. LVPSHosting makes no warranties of any kind, expressed or implied for services we provide. LVPSHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LVPSHosting and its employees.

14.) Severability
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

15.) Dedicated Servers
We reserve 24 - 72 hours (1 - 3 working days) for Dedicated Server Setup time. Due to market demand, product inventory and holiday's server deliveries can exceed the common 72 hour setup time, we reserve the right to extend delivery times if required. This type of service is not available for our 30 Day Money Back Guarantee. Failure to deliver a server within 72 hours does not constitute the inability to provide the service as set out in the cancellation and refund paragraph. After the 72 hour setup period LVPSHosting.com in it's sole discretion may offer the option for a refund, if the client chooses the refund option, cancellation confirmation must be sent to the client before the account or service can be considered canceled. Under no circumstances can a refund be processed for a dedicated server after it has been delivered. We do not back up dedicated servers and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@lvpshosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

16.) Changes to the TOS
LVPSHosting reserves the right to revise its policies, please check the date on the top of each policy to see if there has been an update.